March 28, 2023

Volume XIII, Number 87


March 27, 2023

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Houston Air Ordinance Upheld by Texas Appeals Court

The Texas First Court of Appeals issued an opinion on August 29, 2013 holding that two Houston city air quality ordinances were not preempted by the Texas Clean Air Act ("TCAA"). City of Houston v. BCCA Appeal Group, Inc. (No. 01-11-00332-CV). The ordinances established a City air quality program that included a fee schedule and expanded the program’s scope to cover emission sources subject to TCEQ regulation. Reversing the trial court, the Court of Appeals found that the TCAA did not preempt Houston’s authority and that the ordinance registration and fee provisions were legal because they operated a concurrently with existing state requirements. The Court also held that because the ordinances only incorporated parts of the TCAA, and did not include TCEQ discretionary enforcement powers, they did not circumvent the express goals of the Legislature to render them invalid.  The court’s opinion is available here.

© 2023 Beveridge & Diamond PC National Law Review, Volume III, Number 274

About this Author

Laura L. LaValle Clean Air Act Attorney Beveridge & Diamond Austin, TX
Office Managing Principal

Laura's practice has focused on Clean Air Act matters for over 20 years.

Laura's air quality experience includes advising and representing entities on a broad range of permitting, compliance, and policy issues. She has represented chemical manufacturing operations, electric utilities, petroleum refineries, oil and gas pipelines and terminal facilities, alternative/renewable energy operations including solar energy projects, landfills and waste combustors, steel manufacturing facilities, mining operations, and other facility types regarding federal and state permitting and compliance...